Sonia Sotomayor wrote:Given that this case turns in large part on what Salazar-Limon did just before he was shot, it should be obvious that the parties' competing accounts of the event preclude the entry of summary judgment for [Officer] Thompson. Thompson attested in a deposition that he fired his gun only after he saw Salazar-Limon turn and "ma[k]e [a] motion towards his waistband area." Salazar-Limon, by contrast, attested that Thompson fired either "immediately" or "seconds" after telling Salazar-Limon to stop—and in any case before Salazar-Limon turned toward him. These accounts flatly contradict each other. On the one, Salazar-Limon provoked the use of force by turning and raising his hands toward his waistband. On the other, Thompson shot without being provoked. It is not for a judge to resolve these "differing versions of the truth" on summary judgment, that question is for a jury to decide at trial. [Citations omitted.]

If Trump supporters wanted a tough guy, why did they elect such a whiny bitch? - Mo

Those who know history are doomed to deja vu. - the innominate one

Most people don't realize Stephen King downplayed the horror that is Maine. - Jennifer

This. I'll even excuse her Yankee fandom. She is the best SCOTUS justice on civil rights. She used her experience as a AG as a way to learn all the dirty tricks prosecutors and cops play.

I'd say criminal justice rather than civil rights, because I suspect she's more lefty than I'd prefer on some aspects of more voluntary civil rights stuff like employment etc. Has SCOTUS seen any of the campus sex assault stuff to know where she stands on due process on campus?

Still, holy shit yeah, on criminal justice and related civil rights, she's what Scalia should've been if his originalism hadn't been overcome by his law-and-order conservatism a lot of the time.

"The constitution is more of a BDSM agreement with a safe word." - Sandy

"Neoliberalism. Austerity. Booga booga!!!!" - JasonL

"We can't confirm rumors that Lynndie England is in the running to be Gina Haspel's personal aide." - DAR